(UPDATE) THE Department of Justice (DOJ) had admitted several former officials of the Department of Public Works and Highways (DPWH) and a private contractor into the Witness Protection Program (WPP) as it intensified its investigation into alleged irregularities in the implem entation of government flood control projects.
Acting Justice Secretary Fredderick Vida said former DPWH undersecretary Roberto Bernardo, former DPWH Bulacan 1st District engineer Henry Alcantara, former DPWH National Capital Region regional director Gerard Opulencia, and Syms Construction Trading owner and manager Sally Santos were placed under state protection after expressing willingness to cooperate with prosecutors and investigators.
Their admission into the WPP, Vida said, was based on an evaluation of their testimonies and their readiness to return funds allegedly linked to anomalous projects.
Vida said admission into the WPP carries legal consequences, including the possibility of being cleared of criminal liability, but only in relation to cases directly connected to the testimony they provide.
He said state witness status does not amount to blanket immunity, particularly in cases involving alleged “ghost projects,” where payments were reportedly made for flood control works that were either incomplete or never implemented.As part of restitution, DOJ officials said the four state witnesses had so far returned a total of P316 million to the government.
Alcantara had the largest remittance — P181 million — while Bernardo had made partial refunds using proceeds from the sale of his property. Vida said Bernardo’s bank accounts remained frozen as authorities continued to trace additional assets.
The DOJ expects further payments before the end of January, with officials projecting total recoveries of up to P1.5 billion, P1 billion of which is expected to come from Bernardo alone.
DOJ spokesman Polo Martinez said Santos, as a state witness, voluntarily entered into commitments with the WPP, which were formally laid out in a memorandum of agreement executed between her and the program.
The commitments required regular coordination with WPP officials, explaining why Santos had been frequently reporting to the DOJ since her admission, Martinez said.
Prosecutor General Richard Anthony Fadullon said not all individuals who sought protection were granted state witness status. DPWH engineers Brice Hernandez and Jaypee Mendoza, who were earlier considered “protected witnesses,” did not qualify for the program.
“We cannot disclose the results of the evaluation. But suffice it to say that, at this time, we do not see any need to discharge them in relation to the case for which they are seeking to be admitted as state witnesses,” Fadullon said.
Ongoing investigation focused on the alleged manipulation and misuse of funds intended for flood control projects, a sector that has long been tainted by accusations of corruption.
Officials maintained that the admission of former high-ranking DPWH officials and a contractor into the WPP marked a significant development in the case, both in terms of accountability and the recovery of public funds.
Vida said additional cases could still be filed as the investigation progressed and as more evidence is consolidated from the testimonies of the witnesses.
Contractor Pacifico “Curlee” Discaya II, who has been implicated in the flood control scandal, said publicly identifying politicians in alleged kickbacks focus scrutiny toward contractors and their families, instead of broadening accountability for those accused of receiving illicit payments.
“Maybe we should not have named them, maybe we should have just stayed silent, but after we spoke up, we were treated as if we were the ones who committed the wrongdoing,” Discaya said.
He said the consequences became personal after his wife, Cezarah Rowena “Sarah”, was detained over allegations involving a supposed ghost flood control project.
Discaya denied the allegation, saying the project exists and that their legal team is preparing records and documentation to establish its implementation.
He also rejected claims that his company engaged in ghost projects, saying their contracts involved actual infrastructure works such as roads and schools that were subject to government audit.
Discaya said flood control projects are implemented in phases because of funding limitations, and that later phases are often delayed and misinterpreted as abandoned or fictitious.
“Contractors who refuse to comply with kickback schemes are disqualified even when their work and equipment meet the requirements, while those who pay are allowed to proceed regardless of condition,” he said.
He said corruption in flood control was not confined to a single period, arguing that the system operated across multiple administrations.
Discaya said investigations, including Senate inquiries, have focused largely on selected time frames, which he said obscured the longer history of the alleged scheme.
He added that his experience has discouraged other contractors from speaking out, since many chose silence after seeing the legal and personal risks they faced.
Discaya said exposing the system revealed how kickbacks distorted public works implementation, but he said whistleblowers ultimately bore the legal and reputational costs of speaking out.
Among the bodies investigating anomalous projects is the Independent Commission for Infrastructure (ICI).
On Friday, President Ferdinand Marcos Jr. said the ICI was nearing the completion of its probe, and that its fate depends on its remaining work.
Speaking to reporters, the president said the commission has already investigated most of the issues under its mandate.
“If their work is done, then we will see what they can do next. But they really are coming toward the end — all that needs to be investigated, have been investigated,” Marcos said.
“Maybe there are one or two other loose ends that they have to clear up,” he added.
Marcos also said he has not decided if new ICI commissioners would be appointed following the resignations of Rogelio Singson and Rossana Fajardo.
“We haven’t really decided on that yet. Again, it all depends on the work that ICI still has in front of them. If they still need them, then we will,” he said.
The president said that once the ICI completes its fact-finding work, the focus of accountability would shift to prosecutorial agencies.
“If the work is done, if they have already turned over all information to the DOJ and the Ombudsman, then the focus now of the investigation will go to the DOJ and the Ombudsman,” he said.
Marcos created the independent fact-finding body in September last year to specifically comb for irregularities in government flood control and other infrastructure projects.
The commission’s viability has come under scrutiny after critics cited the lack of a full roster of commissioners.
Malacañang has reiterated that the president’s confidence in the ICI has not wavered, and that the lack of additional commissioners has not prevented it from recommending cases to the DOJ or the Ombudsman.
